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may 2007

Supreme Court of India · 2007-05-14

RAM KUMAR BARNWAL vs RAM LAKHAN(DEAD)

Citation / case number
SC 2004/9408
Court
Supreme Court of India
Petitioner
RAM KUMAR BARNWAL
Respondent
RAM LAKHAN(DEAD)
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that under Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, the High Court's decision to remand the matter to the Prescribed Authority was erroneous despite acknowledging the lower courts' findings as potentially flawed. The Court emphasized that subsequent events, such as the appellant's eviction from his business premises, should be considered in determining bona fide need. The appeal was allowed, and the High Court's order was set aside, allowing the appellant to pursue his release application without remand.

RAM KUMAR BARNWAL vs RAM LAKHAN(DEAD) · Niyam